BrunoBass Posted June 9, 2016 Share Posted June 9, 2016 (edited) It came to our attention recently that a band has formed locally using a name that is very similar to ours (think our two word name plus an additional word - so almost identical). My band had been around for about three or four years (I joined a year ago) and has been using the name we have long before this other band even formed. We are a four piece modern rock covers band, all male in our 30s and 40s. The other band are a four piece modern rock covers band, all female in their late teens. Clearly, having two bands in the same locality playing the same kind of music with very similar names is untenable. It's confusing for audiences and promoters, and potentially detrimental to the progress of both bands. We've contacted them on several occasions but so far they have ignored our requests to discuss the situation. As we have a good local reputation, a full list of bookings for the next 12 months plus, and crucially as we had the name first we feel it's ours to keep. It's not trademarked or registered, but it strikes me as strange that they would want to continue with a name that could cause them issues. We had a message yesterday from the landlord of a pub we are playing soon asking why we were also playing at a village fete on the same afternoon? We're not of course, it's the other band.... What can we do? They don't seem to want to discuss it, we can't force them to change their name, we haven't registered the name so I guess we have no legal right to it. Any one else ever been in this situation? Edited June 9, 2016 by PaulGibsonBass Quote Link to comment Share on other sites More sharing options...
toneknob Posted June 9, 2016 Share Posted June 9, 2016 [quote name='PaulGibsonBass' timestamp='1465462825' post='3068369'] What can we do? They don't seem to want to discuss it, we can't force them to change their name, we haven't registered the name so I guess we have no legal right to it. Any one else ever been in this situation? [/quote] My current band is called Velcro Pelmet, so no. Get all your mates to get in touch with them assuming they're you. eg "Can't wait to see you at *upcoming venue you're playing*!", "Really liked *your song here*, hope you play it next time!" "Your drummer *insert name* is really hot, is he single? let him know I'll be at your next on *insert date*" etc Quote Link to comment Share on other sites More sharing options...
Happy Jack Posted June 9, 2016 Share Posted June 9, 2016 Nothing you can "do" about it unless you have actually copyrighted or trademarked the name, but TBH it's not a problem that's going to last long ... if it's causing you grief as the well-established band can you imagine how hard it's going to get for your teenaged girly competitors? If they're trying to get gigs then they'll soon discover that they're invisible on Google because searches will find you instead; if they're not trying to get gigs then they'll implode soon enough anyway. Chill. Before we named our band, we held off using Junkyard Dogs because there were two other bands using that name or something very similar. One (Hobo Jones & The Junkyard Dogs) is based in the West Country and the 'Hobo Jones' bit meant that there was little risk of overlap. The other (Junkyard Dog) was a well-established band based IIRC in Leeds and with a big internet presence, which mean that Google was always going to find them first. Then Junkyard Dog announced that they were breaking up and quitting, so we grabbed the name and started gigging in London. They re-formed a year or so later, but by then we were an established band in London and there's been precisely one occurrence of confusion between the bands in the last five years. Quote Link to comment Share on other sites More sharing options...
cheddatom Posted June 9, 2016 Share Posted June 9, 2016 what's the band name? Quote Link to comment Share on other sites More sharing options...
BrunoBass Posted June 9, 2016 Author Share Posted June 9, 2016 [quote name='cheddatom' timestamp='1465464391' post='3068400'] what's the band name? [/quote] We are Til Dawn. They are Awake Til Dawn. Quote Link to comment Share on other sites More sharing options...
KevB Posted June 9, 2016 Share Posted June 9, 2016 (edited) Girls in their late teens? They will soon get bored of it and move on to something else. FWIW the one reservation I had about joining my latest band was the name - Rapture. Lots of bands with similar names knocking about though fortunately none of them local. It woud have been worse if their name had the extra word after Til Dawn, the inclusion of 'Awake' before lessens the impact somewhat but I can see you dilemma. Convince them they will get a lot of people turning up to their shows thinking it's you, get pissed off and give them bad reviews as a result. Edited June 9, 2016 by KevB Quote Link to comment Share on other sites More sharing options...
Happy Jack Posted June 9, 2016 Share Posted June 9, 2016 I recently auditioned for a band called Dusk Til Dawn. They were dreadful. Quote Link to comment Share on other sites More sharing options...
JapanAxe Posted June 9, 2016 Share Posted June 9, 2016 Is Dawn one of the members of the girl band? *fetches coat* Quote Link to comment Share on other sites More sharing options...
cheddatom Posted June 9, 2016 Share Posted June 9, 2016 you could probably get a lawyer to write something that sounds threatening for £100ish. You'd hope it would intimidate them into changing the name. The danger is that they have wealthy/gobby parents Quote Link to comment Share on other sites More sharing options...
Lw. Posted June 9, 2016 Share Posted June 9, 2016 That's an interesting one; from your OP I assumed the extra word would be "The" at the start of the band name which would have been completely out of order but with it being "Awake" it seems much less serious - it's not that confusing is it? I wouldn't worry about it - you've got another 12 months of gigs in the bag, if they last that long (which they may not as bands break up all the time) people will know if they're trying to book a group of guys or women. Quote Link to comment Share on other sites More sharing options...
Twincam Posted June 9, 2016 Share Posted June 9, 2016 Til Dawn inspired by a lass that works at a certain Manchester megastore check out desk? Quote Link to comment Share on other sites More sharing options...
discreet Posted June 9, 2016 Share Posted June 9, 2016 [quote name='KevB' timestamp='1465464864' post='3068407'] Girls in their late teens? They will soon get bored of it and move on to something else. [/quote] This. [quote name='JapanAxe' timestamp='1465464998' post='3068414'] Is Dawn one of the members of the girl band? [/quote] If so, I would have voted for 'Up at the Crack of Dawn'. Quote Link to comment Share on other sites More sharing options...
Huge Hands Posted June 9, 2016 Share Posted June 9, 2016 I would have thought that the focal point of their name, and that people will naturally abbreviate it to , will be the "Awake" part? Quote Link to comment Share on other sites More sharing options...
fretmeister Posted June 9, 2016 Share Posted June 9, 2016 Buy up all the website names with every extension asap and have them redirect to yours. Quote Link to comment Share on other sites More sharing options...
keefbaker Posted June 9, 2016 Share Posted June 9, 2016 I Used to have a side project called N******* J**** C***s, I uploaded an old recording on the internet and was immediately given a cease and desist by a punk band called N***** C***. So I politely told them I'd be continuing using the name, had been using it longer than them and it's different enough not to mix them up, so jog on, They then tried to pretend, laughably to be a lawyer which I then tore them apart on and eventually they sodded off accepting that this happens. The names have been changed to protect the innocent. However, I think them not responding to you isn't on. They should at least discuss it with you. Quote Link to comment Share on other sites More sharing options...
BrunoBass Posted June 9, 2016 Author Share Posted June 9, 2016 [quote name='Twincam' timestamp='1465465510' post='3068423'] Til Dawn inspired by a lass that works at a certain Manchester megastore check out desk? [/quote] Was that her name? The girl in The Freshies' song? I never knew that.. Although I think my band mates were thinking more along the lines of Salma Hayek when they chose the name! Quote Link to comment Share on other sites More sharing options...
SubsonicSimpleton Posted June 9, 2016 Share Posted June 9, 2016 Nothing stopping you from registering your name if you feel it has value, nothing stopping them from registering it either. http://www.salisburyjournal.co.uk/news/13339519.Pub_band_forced_to_drop_name_after_copyright_dispute_with_record_label/ Quote Link to comment Share on other sites More sharing options...
keefbaker Posted June 9, 2016 Share Posted June 9, 2016 Thing is the names aren't the same. Registering "Till Dawn" would not stop a band called "awake till dawn" because the copyright doesn't give you the rights to any other names that contain your name plus other words, only if another band has exactly the same name. I could start a band called "Paris In Flames" and I might get a sh*tty letter from the band "In Flames" but it's unlikely they could actually do a damn thing about it. Quote Link to comment Share on other sites More sharing options...
Twincam Posted June 9, 2016 Share Posted June 9, 2016 [quote name='PaulGibsonBass' timestamp='1465466416' post='3068437'] Was that her name? The girl in The Freshies' song? I never knew that.. Although I think my band mates were thinking more along the lines of Salma Hayek when they chose the name! [/quote] No it wasn't unfortunately. Apparently tho she was called Helen and signed copies in the virgin store where she worked on the tills at the time. Ten years back there was a search for her to celebrate the anniversary of virgin stores or something. I think it's a pretty cool story. Quote Link to comment Share on other sites More sharing options...
wateroftyne Posted June 9, 2016 Share Posted June 9, 2016 [quote name='toneknob' timestamp='1465463857' post='3068388'] My current band is called Velcro Pelmet, so no. [/quote] OMG really? There's a band called Velcro Pelmet up near Alnwick, too..! Quote Link to comment Share on other sites More sharing options...
keefbaker Posted June 9, 2016 Share Posted June 9, 2016 I should start a band called Donkey Hotey Quote Link to comment Share on other sites More sharing options...
discreet Posted June 9, 2016 Share Posted June 9, 2016 [quote name='keefbaker' timestamp='1465471518' post='3068504'] I should start a band called Donkey Hotey [/quote] No need to make an ass of yourself. Quote Link to comment Share on other sites More sharing options...
Hobbayne Posted June 9, 2016 Share Posted June 9, 2016 I suppose you could prefix the bands name with 'The original' - That should suggest you were there first. Quote Link to comment Share on other sites More sharing options...
discreet Posted June 9, 2016 Share Posted June 9, 2016 [quote name='Hobbayne' timestamp='1465471901' post='3068508'] I suppose you could prefix the bands name with 'The original' - That should suggest you were there first. [/quote] Yes, or 'The Incomparable'... but not enough people know how to pronounce 'incomparable'. Quote Link to comment Share on other sites More sharing options...
discreet Posted June 9, 2016 Share Posted June 9, 2016 [quote name='keefbaker' timestamp='1465471149' post='3068498'] I could start a band called "Paris In Flames" ... [/quote] That's actually a good band name. Quote Link to comment Share on other sites More sharing options...
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